ORG urges timely passage and enactment of public procurement bill
Bahamas
The Organisation for Responsible Governance (ORG) executives say that timely passage and enactment of the revised public procurement law can be a major step forward for economic inclusion and greater effectiveness and efficiency in government spending.
ORG yesterday expressed its support for the Public Procurement Bill 2022 which was tabled earlier this month while outlining just over two dozen recommendations to the legislation.
ORG in a statement said that it supports the passage and full enactment of procurement legislation while noting that the legislation increases access to procurement opportunities for local micro, small, and midsize businesses.
“Offering a list of 25 recommendations, ORG observes that the Public Procurement Bill 2022 contains some new terms, descriptions, and language. ORG has compared the current bill to the Public Procurement Act of 2021 against well-established examples of best practices, such as guidance from the Organization for Economic Cooperation and Development (OECD) and National Institute of Government Purchasing (NIGP) for public procurement; regional and relevant examples of legislation from other countries such as Jamaica, the United Kingdom, and Australia; and at the bill and regulations’ local implications. Based on its findings, ORG has created a document of reviews and recommendations to strengthen the act for consideration by parliamentarians, the private sector, civil society, and the general public,” ORG said.
“ORG particularly notes that the timeline for publishing awarded contracts in the 2022 bill remains at 60 days, as was specified in the 2021 act. However, changes in terminology in the bill may allow some awarded contracts to remain unpublished. It is unclear what has prevented the government from adhering to the reporting of awarded contracts thus far, and it is essential to begin immediate adherence to this mandated requirement in the interest of the awareness and trust of the public and private sectors,” the organization said.
ORG said that it has identified 14 potential opportunities to strengthen accountability, inclusion, and accessibility in the bill.
“These include changes to the appointment, composition, and financing of the Procurement Board for greater independence and representation. In addition, greater accountability and consistency can result through the reduction of the categories of procurement contracts listed in the bill. For example, audit, actuarial, accounting, legal, and financial consultancies that are excluded from the law. Another significant opportunity to ensure the law is favorable to small businesses is the restoration of a dedicated Procurement Review Tribunal as a more accessible mechanism to resolve concerns about awarded procurement contracts. Additionally, the restoration of the capacity for surcharges to be applied to those not adhering to the appropriate procurement processes ensures that the legislation has the proper protocol for enforcement.”
Matthew Aubry, ORG’s Executive Director, underscored the importance of achieving a strong, transparent, and accountable Public Procurement Act for The Bahamas.
“The timely passage, enactment, and adherence to this law can be a major step forward for economic inclusion and greater effectiveness and efficiency in government spending,” he said.
Tayte Adderley, ORG’s Engagement Programme Manager, added: “Transparency in Government procurement can help to build fundamental trust and confidence among the public by letting citizens know what their tax dollars are being spent on and whether it is being used wisely and for their benefit.”
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